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Right to sell the property under GPA
31-Dec-2023 (In Property Law)
Hi I m about to buy one property. In this case a person (95age) gives GPA to his brother son and dies after 3/4yrs. The person who gets the power of GPA who register (sale deed) the property to his wife on 2006. Can he have a right to sell the property now. Can we buy this property now. Please advice
Sorry the facts on dates are not clear.
Anyways, if the said sale by the Attorney Holder to his wife in 2006 is registered after the death of the Attorney, then the said Sale is invalid as the GPA naturally dies along with the Maker of the Attorney. So, please make sure whether as on the date of said Sale in 2006, the said Attorney was alive.
If the said registration to the wife is before the death of the Attorney, then the Sale is absolute as per the terms of the GPA, and you can purchase the property from the said Wife. If the said Sale is invalid, then you have to ask the heirs of the deceased to obtain a Letter of Administration to sell it to you.
Anyways, if the said sale by the Attorney Holder to his wife in 2006 is registered after the death of the Attorney, then the said Sale is invalid as the GPA naturally dies along with the Maker of the Attorney. So, please make sure whether as on the date of said Sale in 2006, the said Attorney was alive.
If the said registration to the wife is before the death of the Attorney, then the Sale is absolute as per the terms of the GPA, and you can purchase the property from the said Wife. If the said Sale is invalid, then you have to ask the heirs of the deceased to obtain a Letter of Administration to sell it to you.
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Adv. Pradeep Kumar Bharadwaj
Bangalore | 100+ Answers
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